77-15-2 - "Incompetent to proceed" defined.
77-15-2. "Incompetent to proceed" defined.
For the purposes of this chapter, a person is incompetent to proceed if he is suffering froma mental disorder or mental retardation resulting either in:
(1) his inability to have a rational and factual understanding of the proceedings againsthim or of the punishment specified for the offense charged; or
(2) his inability to consult with his counsel and to participate in the proceedings againsthim with a reasonable degree of rational understanding.
Amended by Chapter 162, 1994 General Session